The Haldimand Tract is the site of a contentious and ongoing land dispute between the Six Nations of the Grand River (“Six Nations”) and the Canadian government. The Haldimand Treaty of 1784 granted a large parcel of land to Six Nations, including what is now Caledonia and Haldimand County (Justin Chandler, “Broken Promises, Unceded Land”; […]
On June 28, 2017, the Supreme Court of Canada released Google Inc v Equustek Solutions Inc, 2017 SCC 34 [Google] which granted a worldwide interlocutory injunction against Google Inc. (“Google”), ordering it to remove a company’s website from its global search engines. The Court’s decision in Equustek provides new tools to intellectual property owners to […]
On December 6th, 2016, the Supreme Court of Canada (“SCC”) heard the case of Google v Equustek. The SCC is being tasked with defining the legal obligations of online intermediaries such as Google. In coming up with these definitions, the SCC must also answer difficult questions surrounding the regulation of illegality on the internet – […]
Linda Gibbons is no stranger to the law, and to the fact that it can be a harsh teacher, given that she has spent a fair amount of time in prison for her anti-abortion picketing activities. Labeled by the media as "peaceful but relentless," Gibbons has served a total of nearly nine years behind bars, […]
SCC Refuses to Hear B.C. Case Employing Mareva Injunction What relief is available to a party when the opposing party threatens to dissipate all of his assets before a judgement is rendered? In these circumstances, a party can ask the courts to impose what has come to be known as a Mareva injunction to restrain […]
Two years ago, the Federal Appeals Court for the Ninth Circuit (the “Ninth Circuit”) in Nelson v. NASA, No. 07-56424 (9th Cir. 2008) (pdf link) decided a case that has re-opened constitutional debate about employees’ right to protect personal information – especially from the allegedly prying eyes of the government. At issue for the Ninth […]
The battle for private health care in Canada has hit another roadblock after the BC Court of Appeal’s recent judgment in Cambie Surgeries Corporation v. British Columbia (Medical Services Commission), 2010 BCCA 396. Groberman J., writing for an unanimous Court, held that the Medical Services Commission (“Commission”) of British Columbia is entitled to audit private […]
When issuing Anton Piller orders (an Anton Piller order is obtained ex parte, and allows the moving party to access the premises of the other party to gather documents or other evidence that the court fears may be destroyed if the search is not carried out), courts have always been sensitive to their extraordinary nature. […]